Brief filed: 04/29/2015
United States v. Dreyer
9th Circuit Court of Appeals; Case No. 13-30077
Decision below (panel decision) 767 F.3d 826 (9thCir. 2014).
Suppression of evidence is a proper remedy for Posse Comitatus Act (PCA) violations. The PCA protects constitutional rights. Suppression is a proper remedy for statutory violations ties to constitutional rights. Even if the PCA does not implicate constitutional concerns, suppression is an authorized remedy for PCA violations under this court’s supervisory powers. The extensive military surveillance of civilians in this case, combined with the threat of future PCA violations enabled by emerging technologies, supports suppression here. The PCA violations here go beyond Dreyer’s specific case. The documented widespread and repeated PCA violations of the past will only continue in the future because of emerging technologies. Suppression is the only effective remedy for affected civilians.
This is a sponsored ad
Manage Your Law Firm All in One Place
Cross-Examination Trial Pack
NACDL’s new Cross-Examination Trial Pack includes three of our best-selling Cross-Examination resources: “Damage Control: Situational Cross-Examination Techniques Trial Guide”, "Ultimate Cross 2.0: Audio Recordings & Written Materials" and "Sample Cross-Examination Questions."
This masterful collection of cross-examination resources provide countless tips, techniques and strategies for a variety of criminal case-specific scenarios. Learn to cross-examine a variety of trial witnesses!
NACDL 2024 Annual Pass - All CLE Institute Programs
NACDL's 2024 Annual Pass gives you full access to the recordings of every CLE Institue live training seminar held in 2024! That means every CLE speech, presentation and training - along with all accompanying written materials - is yours for over 50% off! With this exclusive pass, you gain unlimited access to a treasure-trove of recent NACDL Trial Skills training that will help you win more cases!
A Defender's Guide to Federal Evidence - 2nd Edition
This brand-new 2nd Edition 2024 Guide to Federal Evidence is the only federal evidence handbook written exclusively for criminal defense lawyers. The updated 2024 Guide analyzes each Federal Rule of Evidence and outlines the main evidentiary issues that confront criminal defense lawyers. It also summarizes countless defense favorable cases and provides tips on how to avoid common evidentiary pitfalls. The 2nd Edition Guide contains multiple new and updated user-friendly flowcharts aimed at helping the criminal defense lawyer tackle evidence problems.
Sexual Assault Trial Skills Training Collection - 40+ Hours of Content!
NACDL's "Sexual Assault Trial Skills Training Collection" is the definitive aggregation of our 4 highest-rated and most current Sex Cases CLE trainings (2019, 2021, 2022 & 2023 ed.) and contains our most comprehensive and up-to-date assembly of sex cases trainings that NACDL has ever put together! Containing 49 separate trial skills trainings, thousands of pages of written materials and over 40+ hours of practical and pragmatic content, this collection guides you through the most intimidating sexual assault criminal trial topics.
Hanni Fakhoury and Jennifer Lynch, Electronic Frontier Foundation, San Francisco, CA; David Porter, Sacramento, CA.